JUDGMENT :

A.K. Rath, J.

Plaintiff is the appellant against confirming judgment in a suit for dissolution of marriage.

2. The case of the plaintiff is that both the parties are Hindus. The marriage between the plaintiff and respondent was solemnized in accordance with the Hindu Rites and Customs on 10.2.1991. After marriage, the respondent came to her matrimonial house. On 17.10.1991, she gave birth to a male child. Five months after marriage, the respondent picked up quarrel with the plaintiff and insisted to leave her matrimonial house. She threatened to commit suicide in the event the plaintiff will not leave the quarter where his father resides. Her behaviour towards the father of the plaintiff was indecent. On 28.2.1992, the respondent and her father abused the plaintiff. The respondent disclosed that she had been conceived before marriage. Thereafter she went to her father’s house. The conduct of the respondent inflicted unbearable mental pain. The plaintiff lost his mental balance and as a result of which he met with an accident. On 17.3.1992, the respondent came to her matrimonial house. She showed indecent behaviour. Due to negligence of the respondent, the child fell down and became unconscious. She again picked up quarrel with the plaintiff and threatened to commit suicide. She left to her father’s quarter. Thereafter her father came to the house of the plaintiff, picked up quarrel, assaulted the plaintiff and inflicted injury on his mother. The plaintiff lodged an F.I.R. in the Police Station. The respondent and her father lodged F.I.R. against the plaintiff alleging demand of dowry. While the matter stood thus, on 27.4.1992, the respondent deserted the plaintiff without any reasonable cause and deprived the plaintiff from the conjugal relationship. All the persuasions made by the plaintiff ended in a fiasco. It was further pleaded that the respondent instituted a case under Sec.125 Cr.P.C. against the petitioner in the court of the learned S.D.J.M., Talcher. According to the plaintiff, the respondent persistently and repeatedly threatened him with cruelty, which caused reasonable apprehension in the mind of the plaintiff that will be harmful and injurious for him. The reprehensible conduct of the respondent towards plaintiff was grave and weighty which constitute mental cruelty. With this factual scenario, the plaintiff instituted the suit seeking the releifs mentioned supra.

3. Pursuant to issuance of summons, the respondent entered appearance and filed written statement denying the allegations made in the plaint. The specific case of the respondent is that the plaintiff had made frivolous allegations besmirching her character. The plaintiff demanded dowry and tortured her. He assaulted the respondent on several occasions and drove her out from her matrimonial house. She was willing to join with the plaintiff. Their marriage had not been broken down without any rhyme and reason.

4. Stemming on the pleadings of the parties, learned trial court struck seven issues. Both parties led evidence, oral and documentary, to prove their respective cases. On an anatomy pleadings and evidence on record, learned trial court came to hold that respondent had not made any attempt to commit suicide. The marriage between the plaintiff and respondent was solemnized on 10.2.1991. Thus it was not improbable to deliver a baby child within the aforesaid time span. No independent witness was examined to prove the allegation that the respondent had uttered harsh words to the plaintiff. The plaintiff had not made any sincere attempt to bring back the respondent. The plaintiff had failed to establish his plea of cruelty and as such he is not entitled to a decree of divorce. Held so, it dismissed the suit. The unsuccessful plaintiff challenged the judgment and decree of the learned trial court before the learned Additional District Judge, Angul in T.A. No.4 of 1997/27 of 1998, which was eventually dismissed.

5. The second appeal was admitted on 17